Laura Shepherd successfully appeals ETW on second case concerning new education law

July 28 2025

Laura Shepherd appeared for the Respondent, the Vale of Glamorgan Council, in an appeal against the ETW’s decision that the Speech and Language Therapy provision ordered by the Tribunal should not be included in Section 2C of the IDP.

The Right Honourable Sir Gary Hickinbottom sitting as a judge of the Upper Tribunal found that the panel ought to have asked the Health Board whether they would provide SALT provision in line with the Tribunal’s determination as to which model would best meet X’s additional learning needs.

The learned judge went onto find that, had the Health Board been asked and given that confirmation, then, given that an NHS body cannot be made responsible for ALP unless it agrees to do so, the panel ought to have made a recommendation to the Health Board under section 76 of the Additional Learning Needs and Education Tribunal (Wales) Act 2019 and paragraph 33.21 of the ALN Code that they should be responsible for providing SALT in accordance with the panel’s preferred model to which the Health Board would have been required to respond within six weeks.

This is the second appeal brought under the new ALN legislation. On both occasions, Laura Shepherd has represented the appellant Local Authority and has been successful on appeal. 

Link: Decision of the Administrative Appeals Chambers of the Upper Tribunal